This Practice Note outlines key issues to consider when drafting and submitting civil jury instructions (also known as requests to charge) and verdict forms (also known as a verdict sheets). Specifically, this Note reviews the purpose, scope and drafting of proposed jury instructions, the use of model jury instructions (also known as pattern jury instructions), how and when to serve, file and object to proposed jury instructions, the timing of the court's instructions to the jury and the use of verdict forms. Although this Note focuses on jury instructions and verdict forms in federal civil actions under the Federal Rules of Civil Procedure (FRCP), it may also assist counsel with preparing proposed civil jury instructions and verdict forms in many state courts, where the process is similar.

A Practice Note discussing the admissibility and exclusion of evidence in a federal civil case, including the general requirements for admitting documents, tangible items and testimony, the exclusion of certain types of evidence under the Federal Rules of Evidence and hearsay.

A Practice Note examining motions to exclude expert testimony under Federal Rule of Evidence (FRE) 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 (1993)). In particular, this Note discusses the grounds for making a Daubert motion to exclude expert testimony, considerations in preparing and making the motion, evidentiary hearings and the standard on appeal.

This note sets out the fees payable in the High Court in relation to certain key stages in proceedings. For details of fees in the County Court, see Practice note, County Court fees: a quick guide. For the fees payable in the Supreme Court, see Practice note, Supreme Court fees: a quick guide.

A Practice Note discussing issues counsel should consider when moving for judgment as a matter of law under Rule 50(a) of the Federal Rules of Civil Procedure (FRCP) in a civil jury trial before the case is submitted to the jury. This Note discusses initial considerations when moving for judgment as a matter of law, how to draft the necessary motion papers, and serving and filing the motion, opposition and reply.

A Practice Note discussing the basic framework governing pre- and post-verdict motions for judgment as a matter of law under Federal Rule of Civil Procedure (FRCP) 50 in civil jury trials. Specifically, this Note discusses pre-verdict motions for judgment as a matter of law under FRCP 50(a), renewed motions for judgment as a matter of law under FRCP 50(b), and appeals from the grant or denial of renewed motions for judgment as a matter of law. This Note also briefly discusses alternative or joint motions for a new trial.

A Practice Note discussing the basic framework governing motions for a new trial under Federal Rule of Civil Procedure (FRCP) 59(a) in civil jury trials. Specifically, this Note discusses when a new trial is appropriate under FRCP 59(a), what a new trial motion must specify, who can move for a new trial, when the motion must be filed, grounds for the motion, disposition of the motion and appeals from the denial of a new trial. This Note also briefly discusses alternative or joint motions for judgment as a matter of law.

A Practice Note discussing issues counsel should consider when moving for a new trial under Rule 59(a) of the Federal Rules of Civil Procedure (FRCP) in a civil jury trial. This Note discusses initial considerations when moving for a new trial, how to draft the necessary motion papers, and serving and filing the motion, opposition and reply.

A Practice Note discussing motions to sever in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 21. Specifically, this Note addresses key considerations surrounding severance, including the effect of severance, the applicable rules, when to seek severance, the documents required when filing a motion to sever, opposition and reply briefs, and appealing an order on a motion to sever.

A Practice Note discussing key issues surrounding opening statements and closing arguments in a federal civil trial. Specifically, this Note provides guidance on how to effectively deliver an opening statement and closing argument, including applicable rules, preparing for and drafting the presentations, making and responding to objections during opening and closing, the timing and order of the presentations and related motions. Although this Note focuses on opening statements and closing arguments in federal civil trials, it may also assist counsel practicing in state court.

A Practice Note analyzing the key issues for companies to consider when trying or settling product liability cases. Specifically, this Note outlines how to effectively convey the company's story at trial, the possible preclusive effect of a product liability judgment on future litigation and strategic issues to consider when settling a product liability lawsuit.

A Practice Note discussing issues counsel should consider when renewing a motion for judgment as a matter of law under Rule 50(b) of the Federal Rules of Civil Procedure (FRCP) in a civil jury trial after the jury reaches or fails to reach a verdict. This Note discusses initial considerations when renewing a motion for judgment as a matter of law, how to draft the necessary motion papers, and serving and filing the motion, opposition and reply.

This Practice Note reviews the principles governing the application of res judicata (also known as claim preclusion) and collateral estoppel (also known as issue preclusion) under New York state law. This Note also reviews the preclusive effect of various types of judgments and orders.

A sample memorandum of law for use with a motion in limine in federal civil litigation. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, the table of contents, the table of authorities, the preliminary statement or introduction, the background, the legal argument, the conclusion, the signature block and proof of service. It should be used in conjunction with Practical Law's Standard Document, Motion in Limine: Motion or Notice of Motion (Federal) (www.practicallaw.com/5-586-7927).

A sample motion in limine or notice of motion in limine for use in federal civil litigation. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, the body of the motion or notice of motion, the signature block and proof of service. It should be used in conjunction with Practical Law's Standard Document, Motion in Limine: Memorandum of Law (Federal) (www.practicallaw.com/0-585-3145).

A sample proposed order that a party may submit with its motion in limine in federal civil litigation. This Standard Document contains integrated drafting notes with important explanations and tips for drafting.

A tool to help counsel assess whether a case is ready for trial. A proof matrix lists all of the elements of a case's relevant claims and defenses. It is used to show what a party must prove to prevail, the means by which it will defeat the opposing party and how it will overcome objections to the introduction of evidence at trial.

This Checklist sets out key tasks for corporate counsel involved in commercial litigation. Depending on the circumstances of the case and the applicable rules and court deadlines, many of these tasks should be performed anywhere from 90 to 180 days before trial.

A Checklist to aid counsel in preparing for trial in federal court. Specifically, this Checklist lists key tasks for counsel to perform beginning at least three months before a federal civil trial, although counsel may start many of these tasks during discovery or as soon as discovery is complete.

Resources to assist counsel with preparing for and conducting a civil trial in federal court. These resources provide guidance on trial-related matters, including organizing trial evidence, evaluating and filing trial-related motions, such as motions in limine and motions for judgment as a matter of law, preparing opening statements and closing arguments, preparing jury instructions and verdict forms, and using jury consultants and mock juries.

Mock jury exercises are an important tool in a litigation team's effort to prepare for trial. Litigators must be aware of the different types of exercises, their advantages and disadvantages and how best to prepare for and conduct the exercises to maximize their benefit.

On November 6, 2012, Practical Law Company and Gibson Dunn presented In-house Counsel's Guide to Trial Prep, a one-hour webinar on the steps corporate counsel can take to help retained trial lawyers prepare and conduct trial efficiently and effectively. Access the recorded webinar here (registration required). Click here to download webinar slides.

An aggrieved party typically cannot appeal adverse rulings or orders in federal court until after entry of final judgment. For example, in cases involving punitive damages, defendants rarely, if ever, obtain appellate review of how punitive damages are calculated until after the court enters judgment on the jury’s verdict. But as demonstrated by a recent Second Circuit decision, an interlocutory appeal of a district court’s class certification order may offer parties a narrow but significant opportunity to obtain appellate review of how punitive damage awards are calculated, even before the case goes to trial.

Preparing for civil trial in federal court is a time-consuming and daunting process for both outside counsel and in-house attorneys. Counsel must perform many administrative tasks, make logistical arrangements for the attorneys and witnesses and prepare to try the case, all of which can quickly become overwhelming. However, attorneys typically expect cases to settle, and, as a result, trial preparation often does not begin as soon as it should. In many cases, this leaves attorneys scrambling to figure out what needs to be done with little time, resulting in a trial by fire.